Attachment C - VPC Summary - GPA-SM 13-23-8.pdf

City of Phoenix — Formal (2024-07-01)

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Village Planning Committee Meeting Summary 
GPA-SM-13-23-8 
Date of VPC Meeting 
May 14, 2024 
Request From 
Residential 1 to 2 dwelling units per acre and 
Residential 2 to 3.5 dwelling units per acre  
Request To 
Residential 2 to 3.5 dwelling units per acre, Residential 
10 to 15 dwelling units per acre, Residential 15+ 
dwelling units per acre and Commercial 
Proposal 
To allow for a future mix of uses including commercial, 
office, multifamily and single-family residential uses 
Location 
Southeast corner of 19th Avenue and Baseline Road 
VPC Recommendation 
Approval, per the staff recommendation 
VPC Vote 
12-0-1
VPC DISCUSSION & RECOMMENDED STIPULATIONS: 
Item No. 5 (GPA-SM-13-23-8) and Item No. 6 (Z-92-23-8) are companion cases and 
were heard together. 
Three members of the public registered to speak on this item, two in support and one in 
opposition.  
STAFF PRESENTATION 
Samuel Rogers, staff, presented the request, the location of the subject site, the 
surrounding context, the General Plan Land Use Map designation, the site plan, 
proposed elevations, the staff recommendation, the staff findings, and concluded by 
presenting the proposed stipulations. 
Committee Member Marcia Busching asked why there was a stipulation limiting 
proposed heights in the R-4 and R1-10 zoning districts, but not in the C-2 and R-3 zoning 
districts. Mr. Rogers stated that the stipulations limiting height were proposed by the 
applicant and that the question could be better answered by the applicant. 
Committee Member Emma Viera stated her appreciation for the proposed stipulations 
and stated that the stipulations are in alignment with various sustainability plans.  
Committee Member Tamala Daniels asked if there had been any stipulations regarding 
the consideration of the flood zone map. Mr. Rogers stated that in a previous case, a 
similar stipulation had been added by the committee but was ultimately removed 
ATTACHMENT C

South Mountain Village Planning Committee 
Meeting Summary 
GPA-SM-13-23-8 
May 14, 2024 
Page 2 of 6 
 
because the floodplain reviewers assess plans according to specific ordinance criteria. 
Committee Member T. Daniels spoke about a previous case where the committee had 
pushed for floodplain review to be a part of the rezoning application. Mr. Rogers stated 
he would be happy to investigate the case Committee Member T. Daniels referenced 
while the applicant presented.  
 
APPLICANT PRESENTATION 
 
Rick Jellies, representing the applicant with City to City Commercial Real Estate and 
The Lead Group, introduced himself and the property owners, presented the request, 
described the public outreach and work with the neighbors, spoke about the importance 
of the site location to the area and community, spoke about how the project changed and 
the stipulations that were added in response to community conversations, spoke about 
concerns with a connection to Gary Way, asked for a stipulation to be added capping the 
number of units in the R-4 area to 360 units, spoke about pedestrian connectivity, and 
stated that the streets and park would be built as a part of Phase 1. 
 
PUBLIC COMMENT 
 
JoAnne Jensen introduced herself, stated that she lives in Magdalena Estates, spoke 
about the applicant team’s work with the neighborhood, stated that she has met with the 
applicant team many times, stated that the applicant team and neighborhood had 
developed a shared vision of what is best for the subject site, emphasized the 
importance of remembering that the development is transitioning from nothing to a 
significant project, acknowledged that changes are inevitable, and expressed that the 
plan represents the best vision for the area. Ms. Jensen expressed her approval for the 
inclusion of wide lots in the development plan and voiced her support for the R-3 
townhomes, specifically highlighting the two-story design, orientation, open view fencing, 
and setback considerations. Ms. Jensen also mentioned the hope to avoid undesirable 
uses within the development through an agreement with the development team and 
noted that there is not a large contingent from Magdalena Estates opposing the project. 
Ms. Jensen stated that the team could not have done better with the plan, highlighted 
concerns with Gary Way, stated that the Gary Way is hardly a road, stated that Gary 
Way is paved but not striped, and raised concerns that 15th Avenue has not been 
approved beyond the area near the Charter School. Ms. Jensen emphasized the need to 
have faith in something, recognized the efforts of the applicant team, and noted that 
there is considerable support within Magdalena Estates for the project. 
 
Ed Depinto introduced himself, stated he has lived in the area for 20 years, stated that 
the area is starved for responsible development, commended the proposed buffering to 
adjacent neighborhoods, stated approval of what the applicant is trying to do in the 
commercial area, and stated he looks forward to visiting the successful project.

South Mountain Village Planning Committee 
Meeting Summary 
GPA-SM-13-23-8 
May 14, 2024 
Page 3 of 6 
 
Erin Hegedus stated that she appreciates the work Ms. Jensen does for the 
neighborhood and stated that she came to support the community and ask for the trees 
and shade to be maintained. Ms. Hegedus stated that she only attended one meeting 
with the applicant team and was not aware there were additional meetings. Ms. Hegedus 
stated that she liked what Ms. Jensen discussed regarding the townhomes but explained 
that she does not want to act on faith and wants to see real plans. 
 
APPLICANT RESPONSE 
 
Mr. Jellies explained that there is a Zoning Ordinance limit on height in the R-3 zone, so 
a height limitation was not stipulated, stated that the list of stipulations had been 
abbreviated and explained that the full stipulations include shading and planting 
requirements, explained that the applicant team had requested stipulations to be added 
in response to conversations with the community, stated concerns about Gary Road, and 
reiterated that he would like to request a stipulation limiting the R-4-zoned area to a 
maximum of 360 units.   
 
QUESTIONS FROM THE COMMITTEE 
 
Committee Member Busching stated that there was a stipulation regarding the 
maximum density in the R-3 zone. Mr. Jellies stated that there is a maximum density in 
the R-3 zoning district per the Zoning Ordinance and explained that the applicant team 
had agreed to stipulate the R-4 density below what is allowed per the Ordinance. 
Committee Member Busching stated that the R-3 has a max height of 48 feet, stated that 
the R-4 is stipulated to a maximum height of 30 feet, and asked what the max height in 
the C-2 district is. Mr. Rogers stated that the maximum height in the C-2 zoning district 
is two stories of 30 feet. Chair Marchuk clarified that the R-3 area would be stipulated to 
two stories or 30 feet and that the R-4 area would be stipulated to a maximum of 360 
units. Mr. Jellies confirmed this clarification. Committee Member Busching asked if the 
highest intensity would be in the center of the development. Mr. Jellies responded that 
the community was given a choice in the proposed configuration and that the streetscape 
was more important and noted that the land slopes down from 19th Avenue. Committee 
Member Busching inquired about how someone would access their home in the 
northeast area. Mr. Jellies explained the route and stated that while land use restrictions 
cannot be stipulated, the developer will impose restrictions through other mechanisms. 
 
Mr. Jellies stated that he was familiar with the subdivision that had flooding issues, 
stated he has been involved in flood issues in the area for 25 years, explained he worked 
on the Laveen Area Conveyance Channel, stated that a new plan had been put in place 
that uses retention basins and expands the storm pipe system, stated that rezonings are 
required to do a drainage study that accounts for the latest plans, and explained that it is 
in the best financial interest for the developer to properly manage water.

South Mountain Village Planning Committee 
Meeting Summary 
GPA-SM-13-23-8 
May 14, 2024 
Page 4 of 6 
 
Committee Member T. Daniels stated there was not a stipulation regarding landscaping 
within the landscape setbacks. Mr. Rogers stated that tree size was stipulated in the 
parking areas and sidewalk detachments, but not within the landscape setbacks and 
explained that the C-2 district requires enhanced landscape setbacks. Committee 
Member T. Daniels asked if solar canopies over the parking area were considered. Mr. 
Jellies stated that they are fans of solar canopies and they are a good idea depending on 
the government incentives available at the time. Committee Member T. Daniels stated 
she is a fan of landscaped parking lots so she will not push too hard. Mr. Jellies stated 
that the stipulation allows for a combination of landscaping and structural shade. Mr. 
Rogers clarified that the stipulation only allows for landscaping. Chair Marchuk asked if 
solar counts towards the landscaping plan. Mr. Rogers stated that there is no City 
requirement for solar, so it does not fit into the plans and explained how the stipulation 
could be modified to allow for structural shade.  
 
Chair Marchuk asked if the floodplain concerns will be handled through the process 
and if a floodplain stipulation would be appropriate. Committee Member T. Daniels 
explained that she had worked with the City to require that floodplain review be a part of 
the rezoning process. Chair Marchuk asked for staff’s opinion. Mr. Rogers explained 
that he was not a staff member when the process change Committee Member T. 
Daniels referenced occurred and stated that floodplain team reviews every rezoning 
case. Elias Valencia, staff, stated that the floodplain team reviews rezoning cases for 
any major concerns, stated that the plans will be required to submit grading and 
drainage plans during the site review process, stated that he thinks the committee 
should allow the process to run its course, and stated that the liability is always passed 
onto the developer. Mr. Jellies echoed Mr. Valencia’s comments, stated that in the 
subdivision with flooding problems the review process had failed, but the liability 
process worked, and stated that an in-depth drainage analysis would be completed on 
the site and surrounding area. Committee Member T. Daniels inquired about the overlay 
of flood maps during the review of the proposal and shared an exercise she had 
participated in involving floodplain analysis. Mr. Jellies stated that any property that 
touches a floodplain must be reviewed by the City and FEMA and stated that once the 
project is built the plans get sent to FEMA so they can update their maps. Committee 
Members T. Daniels stated that she would be more comfortable if a stipulation is added 
regarding the floodplain. Mr. Jellies expressed concern about the potential 
misinterpretation of stipulations, emphasized the rationale behind code requirements, 
elaborated on the necessity for adherence to both state regulations, which provide 
large-scale requirements, and city-specific criteria, which address detailed specifics. 
Chair Marchuk asked if any specific stipulations were under consideration. Committee 
Member T. Daniels emphasized the importance of reviewing updated overflow maps, 
noting the dynamic nature of flow patterns, stressed that modifications to the design 
could impact flow dynamics, and emphasized the need to assess potential implications 
for homes situated within these flow areas. Chair Marchuk suggested collaborating with 
Mr. Rogers on refining the language of stipulations. Mr. Rogers indicated that he had 
never added a stipulation regarding floodplain that was not requested by the floodplain

South Mountain Village Planning Committee 
Meeting Summary 
GPA-SM-13-23-8 
May 14, 2024 
Page 5 of 6 
 
team and explained that when the VPC had added a floodplain stipulation on a previous 
project it had been removed because floodplain reviewers review specific codified 
criteria.  
 
Vice Chair Arthur Greathouse III commended the applicant team for their exemplary 
communication with the VPC, requested further elaboration from the applicant on the 
intended commercial uses within the area, their compatibility with the residential 
character, and the potential inclusion of an urgent care facility. Mr. Jellies stated that the 
development team is looking to develop an urgent care facility, mentioned targeting a 
Fry's grocery store, and specified the intention to prohibit gas stations at the corner of 
19th Avenue and Baseline Road. 
 
Committee Member Darlene Jackson inquired about the responsibility for park 
maintenance. Mr. Jellies indicated that maintenance would likely fall under the purview 
of the R-4 development team and assured ongoing efforts to ensure proper upkeep of 
the park. Committee Member Jackson raised concerns about the illumination of the 
park. Mr. Jellies affirmed plans for adequate lighting, with adherence to any applicable 
dark sky ordinances. 
 
Chair Marchuk inquired about the readiness of language concerning a floodplain 
stipulation. Mr. Rogers stated that while no language was currently available, it could 
be researched and potentially added at the Planning Commission stage. Mr. Valencia 
highlighted that a hydrological analysis would be required during the preliminary site 
plan review, cautioned against duplicating requirements with additional stipulations, and 
emphasized that preliminary approval meetings are open to the public. 
 
Committee Member Lee Coleman stated that the City of Phoenix requires a grading 
and drainage plan to be submitted and reviewed.  
 
FLOOR/PUBLIC DISCUSSION CLOSED: MOTION, DISCUSSION, AND VOTE 
 
MOTION 
Vice Chair Arthur Greathouse III made a motion to recommend approval of GPA-SM-
13-23-8 per the staff recommendation. Committee Member Emma Viera seconded the 
motion.  
 
VOTE 
12-0-1, motion to recommend approval of GPA-SM-13-23-8 per the staff 
recommendation passed with Committee Members Aldama, Beehler, Brooks, Busching, 
Coleman, F. Daniels, T. Daniels, Falcon, Holmerud, Jackson, Viera, and Greathouse in 
favor and Chair Marchuk abstained.  
 
Chair Marchuk explained that he abstained because there was not tie to break.

South Mountain Village Planning Committee 
Meeting Summary 
GPA-SM-13-23-8 
May 14, 2024 
Page 6 of 6 
 
STAFF COMMENTS REGARDING VPC RECOMMENDATION: 
 
None.